Texas 2021 87th Regular

Texas House Bill HB1755 Analysis / Analysis

Filed 03/30/2021

                    BILL ANALYSIS             H.B. 1755     By: Metcalf     Licensing & Administrative Procedures     Committee Report (Unamended)             BACKGROUND AND PURPOSE    In Texas, a person may leave a restaurant that holds a mixed beverage permit with a recorked bottle of wine that was ordered with food during their meal at the restaurant. In other words, a patron may order wine by the bottle during dinner while maintaining the flexibility to take home the remaining bottle of wine if they do not finish its contents. There have been calls to extend this flexibility to unopened bottles of wine. H.B. 1755 seeks to authorize a person to leave such a restaurant with wine regardless of whether the container is opened or unopened.       CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    H.B. 1755 amends the Alcoholic Beverage Code to authorize a person who orders wine with food from a mixed beverage permittee to remove the container of wine from the premises regardless of whether the container is opened or unopened.       EFFECTIVE DATE    September 1, 2021.      

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 1755
By: Metcalf
Licensing & Administrative Procedures
Committee Report (Unamended)

H.B. 1755

By: Metcalf

Licensing & Administrative Procedures

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    In Texas, a person may leave a restaurant that holds a mixed beverage permit with a recorked bottle of wine that was ordered with food during their meal at the restaurant. In other words, a patron may order wine by the bottle during dinner while maintaining the flexibility to take home the remaining bottle of wine if they do not finish its contents. There have been calls to extend this flexibility to unopened bottles of wine. H.B. 1755 seeks to authorize a person to leave such a restaurant with wine regardless of whether the container is opened or unopened.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    H.B. 1755 amends the Alcoholic Beverage Code to authorize a person who orders wine with food from a mixed beverage permittee to remove the container of wine from the premises regardless of whether the container is opened or unopened.
EFFECTIVE DATE    September 1, 2021.

BACKGROUND AND PURPOSE 

 

In Texas, a person may leave a restaurant that holds a mixed beverage permit with a recorked bottle of wine that was ordered with food during their meal at the restaurant. In other words, a patron may order wine by the bottle during dinner while maintaining the flexibility to take home the remaining bottle of wine if they do not finish its contents. There have been calls to extend this flexibility to unopened bottles of wine. H.B. 1755 seeks to authorize a person to leave such a restaurant with wine regardless of whether the container is opened or unopened.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

H.B. 1755 amends the Alcoholic Beverage Code to authorize a person who orders wine with food from a mixed beverage permittee to remove the container of wine from the premises regardless of whether the container is opened or unopened.

 

EFFECTIVE DATE 

 

September 1, 2021.